UNITED STATES v. SMITH

No. 6484.

55 F.2d 141 (1932)

UNITED STATES v. SMITH.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied February 23, 1932.


Attorney(s) appearing for the Case

Anthony Savage, U. S. Atty., and Cameron Sherwood, Asst. U. S. Atty., both of Seattle, Wash. (William Wolff Smith, Sp. Counsel, and Bayless L. Guffy, Atty. Veterans' Administration, both of Washington, D. C., and Lester E. Pope, Atty. Veterans' Administration, of Seattle, Wash., of counsel), for the United States.

Graham K. Betts, of Seattle, Wash., for appellee.

Before WILBUR and SAWTELLE, Circuit Judges, and WEBSTER, District Judge.


WILBUR, Circuit Judge.

This is an appeal from a judgment against the government on a war risk insurance policy for $10,000 predicated upon the allegation and proof that the insured was totally and permanently disabled from the date of his discharge, which was during the life of the policy.

The evidence shows that the insured enlisted in the Army in July, 1918, and that he was honorably discharged November 20, 1918, the record of his discharge stating that...

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